OPINION ON ROMANIAN DRAFT LAW No. 140/2017 ON AMENDING GOVERNMENTAL ORDINANCE NO. 26/2000 ON ASSOCIATIONS AND FOUNDATIONS

Venice Commission Opinion By Richard Clayton QC

Introduction

By letter of 14 December 2017, the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe requested the Venice Commission to prepare an opinion on the compatibility of draft law 140/2017, amending Governmental Ordinance No. 26/2000 on Associations and Foundations) (CDL-REF(2018)011) with international standards on human rights and fundamental freedoms. In accordance with standing practice, it was decided that the Venice Commission prepares the Opinion jointly with the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR).

Mr Richard Clayton, Ms Sarah Cleveland, Mr Martin Kuijer, Mr Gediminas Mesonis and Ms Herdis Kjerulf Thorgeirsdottir acted as rapporteurs on behalf of the Venice Commission. Mr David Goldberger, Ms Muatar Khaydarova, Mr Serghei Ostaf and Ms Alice Thomas were appointed as legal experts for the OSCE/ODIHR.

On 5-6 February 2018, a joint delegation of the Venice Commission and OSCE/ODIHR, composed of Mr Richard Clayton, Ms Alice Thomas, Ms Herdis Kjerulf Thorgeirsdottir, accompanied by Mr Ziya Caga Tanyar, legal officer at the Secretariat, visited Bucharest and met with representatives of the Ministry of Foreign Affairs, of the Ministry of Justice, the People’s Advocate, representatives of the Senate and of the Chamber of Deputies, representatives of the Constitutional Court and a number of civil society organisations. The Venice Commission and the OSCE/ODIHR are grateful to the Romanian authorities for the excellent organisation of the visit.

The present opinion was prepared on the basis of contributions by the rapporteurs and on the basis of unofficial translation of the draft law. Inaccuracies may occur in this opinion as a result of incorrect translations.

The Venice Commission remains at the disposal of the Romanian authorities and the Parliamentary Assembly for further assistance in this matter.

This opinion was examined by the sub-commission on fundamental rights and subsequently adopted by the Venice Commission at its 114th Plenary Session (Venice, 16-17 March 2018).

A copy of the full opinion is here.  

16 March 2018